We've posted on Johnsen's nomination most recently here and here; we posted on her article What's a President to Do: Interpreting the Constitution in the Wake of Bush Administration Abuseshere.

Johnsen's nomination was held up by Republicans concerned that she was too liberal. President Obama declined to appoint her as one of his 15 recent recess appointments, because, according to the story, the White House felt this would have undermined its efforts to keep the office above politics.